Recovery of legal fees for false mesirah

April 30th, 2017

Question:

A Jew(1) wants us angry at another Jew(2) and wants what they(2) own, so they(1) go to the gentile police with a fictional story that they(1) were attacked by this Jew(2). In actuality, they(1) attacked this other Jew(2) to steal their wallet and car keys. This Jew(2) fled without retaliation. They(1) then injured themselves In order to have “proof” of that thus hated Jew(2) attacked them for the police. This hated Jew(1) was arrested, jailed, and enormous legal fees.

There were no witnesses in this attack and attempted robbery. however, the hated victim Jew(2) had injuries from the attempted robbery by the mesira Jew(2).

Can the legal fees be recovered in Bais Din?

Answer:

It sounds really sad, but on a practical level, I don’t really understand, how is (1) going to prove that (2) did anything wrong to him, if it couldn’t be proved in the secular court. So why should the bais din believe him enough to make the other person pay for it?

Mission Statement

The purpose of this site is to raise public knowledge of the importance of monetary dealings according to the Halacha. At the site you can expand your knowledge with in-depth articles, and in addition consult online with the rabbis of the Beit Midrash on Halachic issues that interest you.
I hope that you enjoy the site and that it will fulfill its goals.
We await your comments and suggestions.
Sincerely, Rabbi Yosef Fleischman.
Av Beis Din “Nesivos Chaim” & Head of Kollel